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Fair Use Doctrine
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying, and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of '' amicus curiae'' briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions that have been established by its board of directors. Current positions of the ACLU include opposing the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Folsom V
Folsom may refer to: People * Folsom (surname) Places in the United States * Folsom, Perry County, Alabama * Folsom, Randolph County, Alabama * Folsom, California * Folsom, Georgia * Folsom, Louisiana * Folsom, Missouri * Folsom, New Jersey * Folsom, New Mexico * Folsom, Ohio * Folsom, Pennsylvania * Folsom, South Dakota * Folsom, Texas * Folsom, West Virginia * Folsom, Wisconsin * Folsom Lake, California Other uses * Folsom Europe, an annual BDSM and leather subculture street fair held in September in Berlin, Germany * Folsom Field, an outdoor football stadium in Boulder, Colorado * Folsom Library, research library on the campus of Rensselaer Polytechnic Institute, located in Troy, New York * Folsom point, prototype of a spearpoint or arrowhead that was invented by Native Americans and widely distributed in North America. First discovered near Folsom, New Mexico * Folsom Public Library, a library in Folsom, California * Folsom tradition, name given by archaeologists ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Story
Joseph Story (September 18, 1779 – September 10, 1845) was an associate justice of the Supreme Court of the United States, serving from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and ''United States v. The Amistad'', and especially for his ''Commentaries on the Constitution of the United States'', first published in 1833. Dominating the field in the 19th century, this work is a cornerstone of early American jurisprudence. It is the second comprehensive treatise on the provisions of the U.S. Constitution and remains a critical source of historical information about the forming of the American republic and the early struggles to define its law. Story opposed Jacksonian democracy, saying it was "oppression" of property rights by republican governments when popular majorities began in the 1830s to restrict and erode the property rights of the minority of rich men. R. Kent Newmyer presents Story as a "Statesman of the Old Republic" who tri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusive Right
In Anglo-Saxon law, an exclusive right, or exclusivity, is a de facto, non-tangible prerogative existing in law (that is, the power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. A "prerogative" is in effect an exclusive right. The term is restricted for use for official state or sovereign (i.e., constitutional) powers. Exclusive rights are a form of monopoly. Exclusive rights can be established by law or by contractual obligation, but the scope of enforceability will depend upon the extent to which others are bound by the instrument establishing the exclusive right; thus in the case of contractual rights, only persons that are parties to a contract will be affected by the exclusivity. Exclusive rights may be granted in property law, copyright law, patent law, in relation to public utilities, or, in some jurisdictions, in other '' sui generis'' legislation. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lenz V
Lenz may refer to: Places * Lenasia, Gauteng Province, South Africa, a township often called Lenz * Lantsch/Lenz, Canton of Grisons, Switzerland, a municipality * Lenz, Hood River County, Oregon, an unincorporated community * Lenz, Klamath County, Oregon, an unincorporated community * Lenz Island, Saskatchewan, Canada * Lents (crater), a lunar crater labeled Lenz on some maps Other uses * Lenz (surname), including a list of people with the name * Lenz (fragment), literary fragment by Georg Büchner * Lenz Field, a baseball and softball complex in Jacksonville, Illinois See also * Lenz's law, in field electromagnetism * Lentz * Cenani Lenz syndactylism, congenital malformation syndrome * Lenz microphthalmia syndrome, a rare inherited disorder * Laplace–Runge–Lenz vector In classical mechanics, the Laplace–Runge–Lenz (LRL) vector is a vector used chiefly to describe the shape and orientation of the orbit of one astronomical body around another, such as a binary star or a p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Test (law)
In law, a test is a commonly applied method of evaluation used to resolve matters of jurisprudence. In the context of a trial, a hearing, discovery, or other kinds of legal proceedings, the resolution of certain questions of fact or law may hinge on the application of one or more legal tests. Tests are often formulated from the logical analysis of a judicial decision or a court order where it appears that a finder of fact or the court made a particular decision after contemplating a well-defined set of circumstances. It is assumed that evaluating any given set of circumstances under a legal test will lead to an unambiguous and repeatable result. Kinds of legal tests * Bright-line rule * Balancing test International law *Berne three-step test * Habitual residence test * ''Caroline'' test Common law * "But-for" test Canada * ''Andrews'' test * Air of reality test (see alsR v Fontaine * Assumed Jurisdiction test *Central management and control test * ''Collins'' Test *Communi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parody
A parody, also known as a spoof, a satire, a send-up, a take-off, a lampoon, a play on (something), or a caricature, is a creative work designed to imitate, comment on, and/or mock its subject by means of satiric or ironic imitation. Often its subject is an original work or some aspect of it (theme/content, author, style, etc), but a parody can also be about a real-life person (e.g. a politician), event, or movement (e.g. the French Revolution or 1960s counterculture). Literary scholar Professor Simon Dentith defines parody as "any cultural practice which provides a relatively polemical allusive imitation of another cultural production or practice". The literary theorist Linda Hutcheon said "parody ... is imitation, not always at the expense of the parodied text." Parody may be found in art or culture, including literature, music, theater, television and film, animation, and gaming. Some parody is practiced in theater. The writer and critic John Gross observes in his ''Oxford Boo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Copyright Law
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, , are in the public domain. United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. The United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause.Stanford Fair Use and Copyright Center. U.S. Constitution. http://fairuse.stanford.edu/law/us-constitution/ . Retrieved December 3, 2015. Under the C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Use Project
The Fair Use Project is part of the Stanford Center for Internet and Society at Stanford Law School. Founded in 2006, it offers legal assistance to "clarify, and extend, the boundaries of "fair use Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests ..." in order to enhance creative freedom." It is headed by Tony Falzone, lecturer at Stanford Law. It has been involved in several notable cases such as ''Aguiar v. Webb'', ''Brave New Films v. Viacom'', ''Golan v. Gonzales'', ''Kahle v. Gonzales'', ''Lennon v. Premise Media'', '' Warner Brothers and JK Rowling v. RDR Books'', ''Shloss v. Joyce'', and ''Vargas v. BT''. References External linksFair Use Project Stanford University Intellectual property activism Copyright law organizations 2006 establishments in California Fair use Orga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cease And Desist
A cease and desist letter is a document sent to an individual or business to stop alleged illegal activity. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. The letter may warn that, if the recipient does not discontinue specified conduct, or take certain actions, by deadlines set in the letter, that party, i.e. the letter's recipient, may be sued. When issued by a public authority, a cease and desist letter, being "a warning of impending judicial enforcement", is most appropriately called a "cease and desist order". Usage for intellectual property Although cease and desist letters are not exclusively used in the area of intellectual property, particularly in regards to copyright infringement, such letters "are frequently utilized in disputes concerning intellectual property and represent an important feature of the intellectual property law landscape". The holder of an intellectual property right such as a copyrighted work, a trademark, or a pat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
